State of Maharashtra v. Manish Vikram Dulgaj
Case brief
What is this about?
MCOC Act; Maharashtra Control of Organised Crime Act, 1999; continuing unlawful activity; organised crime; organised crime syndicate; Section 3 punishment; discharge under Section 227 CrPC; prior approval Section 23(1)(a); sanction Section 23(2); gang, hafta, extortion, terrorising locality at Bhadrakali/Wadala Naka, Nashik; FIR C.R. 47 of 2021 Bhadrakali Police Station; Akash 'brought dead'; State appeal against discharge dismissed; State of Maharashtra v. Rahul Ramchandra Taru 2011 SCC OnLine Bom 605; Prafulla Shende 2009 All MR (Cri) 870; nexus of previous charge-sheets required; mere filing of past charge-sheets insufficient to attract MCOC Act.
What did the court decide?
To attract Section 3 of the MCOC Act, the necessary conditions under Sections 2(d) and 2(e) must be fulfilled: the conduct must amount to 'continuous unlawful activity', individually, singly or jointly, as a member of an organised crime syndicate.